Commonwealth v. Alexander’s Empirical Analysis

Citation profile

14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The law is clearly stated by a learned judge in State v. Morgan, [ 25 N.C. 186 ] 3 Ired. 186 , 88 Am. Dec. 714 , as follows: “When it is said that a man may rightfully use as much force as is necessary for the protection of his person and property, it should be recollected that this rule is subject to this most important modification, that he shall not, except in extreme cases, endanger human life or do great bodily harm. It is not every right of person, and still less of property, that can lawfully be asserted, or every wrong that may rightfully be redressed by extreme remedies. There is a recklessness — a wanton disregard of humanity and social duty in taking or endeavoring to take, the life of a fellow-being, in order to save one’s self from a comparatively slight wrong, which is essentially wicked, and the law abhors. You may not kill, because you cannot otherwise effect your object, although the object sought to be effected is right. You can only kill to save life or limb, or prevent a great crime, or to accomplish a necessary public duty.” See, also, 1 Bishop on New C. L., secs. 839, 841, 850.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. David G. Buckley

2. “attempt or offer with force or violence to do a corporal hurt to another ... as by striking at him, or even holding up one’s fist at him in a threatening or insulting manner, or pointing a weapon at him within reach . . . [and] the actual infliction of corporal hurt on another . . . wilfully or in anger, whether by the party’s own hand, or by some means set in motion by him.”

   1 later decision quote this exact passage · from the majority
   e.g. Commonwealth v. Vaughn

3. “'Permitting one to threaten to use deadly force leads in dangerous progression to an unacceptable conclusion. Here, the victim would have been entitled to use deadly force to repel the perceived threat.”

   1 later decision quote this exact passage · from the majority
   e.g. Nantz v. State